Wrongful Death Frequently Asked Questions


Our Colorado Wrongful Death Lawyer answers Frequently Asked Questions

What is Wrongful Death?

A death that results from a wrongful act or from negligence; a death that can serve as the basis for a civil action for damages on behalf of the dead person’s family or heirs

Who Can Bring a Wrongful Death Claim?

Colorado’s wrongful death law is located in the Colorado Revised Statues (C.R.S. 13-21-201 et.seq.) These laws detail who is eligible to bring a wrongful death claim in Colorado and provide time limits, or the statute of limitation for bringing these claims against a person or entity. In Colorado, the surviving spouse is first in line to bring a claim within the first year after the death, and both the surviving spouse and children have standing to bring a claim thereafter. If there is no spouse, then the children may bring a claim; if there is no spouse and no children, then and only then may the parents of the deceased bring a claim. In wrongful death cases in Colorado, there is a two year statute of limitation, meaning that a claim must be brought within two years of the death.

What Types of Damages Am I Entitled to?

The law in Colorado protects family members of a victim of wrongful death, by allowing them to bring wrongful death claims to obtain the earnings the deceased person would have provided.

Are there time limits for bringing a wrongful death lawsuit?

Yes, there are time limits for bringing wrongful death lawsuits. Unless a lawsuit is filed by the proper party within the time allowed by law, any right to recover monetary damages will be lost forever. There are a number of factors which come into play in properly calculating how much time the law allows to sue. This important calculation is best done by an experienced wrongful death attorney early on.

If I bring a wrongful death lawsuit will I have to go to court?

There is no way to be sure if your case will be settled, or go to court, so it is best to be prepared for both. Often wrongful death claims are settled out of court.

Trials are often time consuming and costly. Our Colorado wrongful death lawyers have experience representing clients with wrongful death cases and can litigate your claim to the best of their skills. Having an experienced trial lawyer with a successful track record in court is very important for those who want the highest settlement out of court.

What should I look for in choosing a wrongful death attorney to represent me?

There are so many personal injury and wrongful death attorneys out there, so it’s important to find a qualified attorney to handle your wrongful death claim.

Some of the main factors include:


Wrongful death claims can be expensive, especially when going to trial. Obtaining evidence to acquiring experts needed to assure that you prevail on your case, the expenses can be large. An experienced wrongful death lawyer must be able to cover those costs up front.


With any law practice, prevailing on your case is of the utmost concern. It’s impairative to hire a lawyer with past experience successfully litigating wrongful death cases.


Most Colorado wrongful death lawyers are first and foremost personal injury attorneys. It is in your best interests to hire an attorney that spends a large part of his or her practice on wrongful death cases. Also, it’s important to hire an attorney that has the time to handle your case with dedication and diligence—not ignored because of an attorney’s large case load.


Finally, reputation and results are key. Often times the defendant in a wrongful death case will be a corporation and usually insurance companies are involved. A wrongful death attorney with a history of recovering maximum amounts for clients is the type of attorney you should want handling your wrongful death case.

How much does it cost to hire a wrongful death attorney?

As with most plaintiff attorneys, we work on a contingency basis. This means you are only responsible for fees if your case results in recovery of damages.

If wrongful death damages are recovered, is that money taxable?

Damage amounts recovered for wrongful death are generally not taxable.

Will I have to pay a fee to have an attorney at Franklin D. Azar & Associates, P.C. review my case?

Absolutely not. If you feel that a loved one may have been a victim of wrongful death, simply fill out our contact form or call us at 1-800-916-2005 for your free consultation. Upon review by one of our experienced attorneys we will be able to determine if you have a case or not.